Auburn bans all pot business; 2 already here could be grandfathered in

City council members on Monday night passed an ordinance that bans all marijuana processing and production, retail outlets and sales of marijuana in the city

City council members on Monday night passed an ordinance that bans all marijuana processing and production, retail outlets and sales of marijuana in the city.

City Attorney Dan Heid explained that staff continue to receive inconsistent, conflicting, unreliable information from the Liquor and Cannabis Board, the panel that regulates and licenses the burgeoning new industry.

That, Heid said, puts the City in a tough spot.

“The reality is we are not getting cooperation from the Liquor and Cannabis Board,” Heid said.

The ordinance ends the one-year moratorium on additional pot-related businesses applying for licenses and permit, enacted by the City Council on Jan,. 4.

“This is the next step we are taking as we look at the marijuana issue in this state,” said Councilmember Largo Wales. “We are going one step beyond a moratorium to increase our legal options.”

Councilman Rich Wagner asked Heid what would happen with the two existing retail marijuana outlets: The Stashbox, which opened in November 2014 at 3108 A St. SE; and The Evergreen Market at 402 16th St. NE, which opened last month.

“Current City code does authorize the planning department to assess the status of any businesses…where there’s a change in the code to determine whether there’s a pre-existing, non-conforming use. Short of that assessment, it could be that there would be support for that, but I wouldn’t to preclude the option and the decision of the planning department in that regard, but that would be the process.”

Recent court decisions have given jurisdictions in Washington state the authority to ban pot-related processing and retail activity within their boundaries, Heid added.

Councilmembers waived a second reading of the ordinance, that second reading being standard City practice before adoption.

Washington State voters approved I-502 in November 2012, decriminalizing possession and the use of certain amounts of marijuana, authorizing the then-Liquor Control Board to create regulations, and to license producers, processors and retailers to make and sell pot throughout the state.

Under the lottery system, the state of Washington created in the wake of the passage of I-502, Auburn got two stores.

In September 2015, however, state lawmakers passed a new law, SB-5052. Its intent was to fold medical marijuana stores into retail outlets. Under SB-5052, Auburn was given two more stores. But the state left it up to jurisdictions to decide whether they would allow them.

On Jan. 4, the City of Auburn enacted a one-year moratorium, declaring that no new pot stores could apply for licenses, permits, etc., until the City decided whether more were needed. But soon the board informed the City it would not honor the moratorium.